Supreme Court · 2021 INSC 702 · Decided 29 October 2021
Sarabjeet Singh Mokha v. The District Magistrate, Jabalpur & ORS.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 702 · [2021] 11 S.C.R. 468
- Case number
- CRIMINAL APPEAL No. 1301/2021
- Decided
- 29 October 2021
- Bench
- D.Y. CHANDRACHUD, VIKRAM NATH, B.V. NAGARATHNA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 22(5)
Headnote
Constitution of India: Art.22(5) - Preventive detention - Protection to undertrials and detainees - Held: Art.22(5) mandates that (i) the authority making the order shall "as soon as on which the order has been made to the person detained; and (ii) the detaining authority shall afford to the person detained "the earliest opportunity of making a representation against the order" - Both these procedural requirements are mutually reinforcing - The
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